512
Stevens, J., dissenting
acknowledges, this would not be the first time that we have had to interpret § 1014 so that it would not " 'make a surprisingly broad range of unremarkable conduct a violation of federal law.' " Ante, at 498 (quoting Williams v. United States, 458 U. S. 279, 286-287 (1982)).
Congress, the Court seems to recognize, could not have intended that someone spend up to 30 years in prison for falsely flattering a bank officer for the purpose of obtaining favorable treatment.14 Yet the Court justifies its interpretation of the statute by positing that a literal reading of § 1014 will not "normally" extend the statute "beyond the limit that a materiality requirement would impose." Ante, at 499. In making this assertion, the Court correctly avoids relying on prosecutors not to bring frivolous cases.15
to establish conspiracy. In this case, of course, the Government asks us to do the opposite: to derogate the common law without clear congressional approval.
14 Consider the following scenario. A crafty homeowner in need of a mortgage, having learned that the bank's loan officer is a bow tie aficionado, purchases his first bow tie to wear at their first meeting. As expected, the loan officer is wearing such a tie, which, incidentally, the prospective borrower considers downright ugly. Nevertheless, thinking that flattery will increase the likelihood that the officer will be favorably disposed to approving the loan, the applicant swallows hard and compliments the officer on his tie; he then volunteers the information that he too always wears a bow tie. This is a lie. Under the majority's interpretation, this person could spend 30 years in federal prison. He made a "false statement." 18 U. S. C. § 1014. In fact, until that day he had never worn a bow tie. And the statement was made "for the purpose of influencing" the bank. Ibid. The applicant subjectively hoped that the loan officer— flattered and feeling a sartorial common ground—would be more likely to approve his mortgage.
15 It is well settled that courts will not rely on "prosecutorial discretion" to ensure that a statute does not ensnare those beyond its proper confines. See Baggett v. Bullitt, 377 U. S. 360, 373-374 (1964) ("It will not do to say that a prosecutor's sense of fairness and the Constitution would prevent a successful . . . prosecution for some of the activities seemingly embraced within the sweeping statutory definitions"); Keyishian v. Board of Regents of Univ. of State of N. Y., 385 U. S. 589, 599 (1967) ("It is no answer
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